Indonesia: Rights groups urge ratification of anti-torture convention

Two rights commissions have jointly called for the government to take steps to halt torture in the country, including ratifying an international convention against the practice.

“It has been 10 years since Indonesia adopted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [CAT] but there has not yet been any significant progress,” said Ifdhal Kasim, who chairs the National Commissions on Human Rights, or Komnas HAM.

His commission and the National Commissions on Violence Against Women, or Komnas Perempuan, said in a joint statement that they were now waiting for the government to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or OPCAT, because it represented a more effective way to prevent torture in the country.

According to Ifdhal, the country’s many human rights violation cases are well known, especially those involving torture in areas far from public view, such as prisons, state detention centers and social rehabilitation centers.

“Torture mostly happens in closed areas, and it is hard to prove it,” Ifdhal said. “We’re concentrating on torture of political detainees in some areas of Papua [Province], such as Manokwari and Jayapura, and in Maluku. There are a lot of political detainees in those areas, and torture is even more intense against these types of detainees.”

“Torture like physical and mental abuse, such as intimidation, have been common practice in many prisons in Indonesia. It is difficult to control unless the government pays more attention to this human rights violation.”

Ifdhal said that CAT was an effective tool for responding to torture cases, while the OPCAT was more of a preventive tool.

Komnas Perempuan’s chairperson, Kamala Chandrakirana, said that the government should list torture as a punishable crime in the Criminal Code.

Marzuki Darusman, a lawmaker and former member of Komnas HAM, said that the commission should come up with better data to convince the government and lawmakers that there was an urgent need to ratify the OPCAT.

“Empirical data is needed as most lawmakers have limited information on torture issues,” Marzuki said.
“I agree that OPCAT should be ratified, but it should be based on good reporting, both qualitative and quantitative.

“It should be clear on the number of cases and should also help people visualize torture methods. This way people might understand what we need to do to handle the cases.”

Marzuki added that according to a UN report, torture against detainees had gone on in Indonesia for the last 40 to 50 years.

“There are many kinds of torture that the commissions should explain further, such as ethnic cleansing, the cleansing of anti-social individuals, military terror and discrimination against minority religions.”

The ratification of the OPCAT is due this year, but Marzuki said the government has yet to propose to the House of Representatives that it be ratified. “I don't think it can be ratified this year as the term of the current House members will be over soon. However, if the commissions want to accelerate the process, they should lobby political parties so that it could be passed soon.”

Ifdhal said that he had empirical data on torture at several of the country’s prisons.

“There is a lot of torture at several detention centers and prisons,” Ifdhal said. “But we have no exact number regarding the cases. We only investigate some of the important cases.”

Date: 12 February 2009

Source: The Jakarta Globe